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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Personal Injury Law
Satisfied Customers: 17526
Experience:  B.A.; M.B.A.; J.D.
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I have hired an attorney to do an Order to Show Cause

Customer Question

I have hired an attorney to do an Order to Show Cause against my Ex. A while back I had filed (ProSe) a law suit against her employer for damages they caused me. I did however file in the wrong court and by the time that all shook out most my claims had expired by statute of limitations. My Ex filed Petition to modify custody that was frivolous and really to get back at me for filing the lawsuit against her employer.It started with my Ex has been committing theft from the company; supposedly an employee called or emailed them and told the employer she was committing theft. An HR representative called me and asked if I had information. I was putting gas in my vehicle in a rain storm when the call came in so I said I would call them back which I did at a later date. During that phone call the HR rep asked me to email the in-house company attorney and he was expecting my email. I did email him and we had numerous email exchanges. It later became apparent he was using my info to cover those that were doing wrong. They wanted me to come-in and talk to them which I agreed to do but when the time came they didn't want to talk to me. So this spring I had trial for the Petition to Modify.The opposing counsel called in my Exs employers attorney who testified that it was me who had first contacted her employer under a different name and they had determined that the same person and the same computer was used to send the first email and all others that followed.... so they were trying to make it look like I lied, I was the instigator and I was unstable (that was the claim for filing a Petition to modify).The fact is I did not contact them first, they phoned me so I am 100% sure that her employer’s attorney was making material misrepresentations under oath. My guess is they he was covering their butt and trying to act with some revenge that I had filed a suit against them. Since I know 100% that I did not contact them and they contacted me first, I emailed that company attorney and said that I know he had committed perjury and since he testified they had determined the first email sent to them was from me that I asked him to forward a copy of that email. I told him he should not have an issue providing a forward of the email as he claims I was the author and sender of it.He wrote back and said I am represented by counsel and I have to have my attorney ask for any documents. Is that true? I do not have a lawsuit against the company and I have hired an attorney to do an OTSC, not a lawsuit against the company.
Q1. Do I have to have my attorney ask for what they claim is my email to them?
Q2. I plan on filing on my own a complaint with the Bar about his perjury -- do I have to have an attorney get documents for that or am I in my right to ask the attorney who lied about the email?
Q3. Who would own an email, would it be me as the author (as in a default copyright) or would the person to who I sent it own it?
Q4. Do I have to have an attorney ask for evidence that I will send to the Bar in my complaint?
Submitted: 4 months ago.
Category: Personal Injury Law
Expert:  Phillips Esq. replied 4 months ago.

He wrote back and said I am represented by counsel and I have to have my attorney ask for any documents. Is that true? I do not have a lawsuit against the company and I have hired an attorney to do an OTSC, not a lawsuit against the company.

Response 1: Yes, if you need the information in your OTSC. Otherwise, no. You can request for the documents yourself.

Q1. Do I have to have my attorney ask for what they claim is my email to them?

Response 2: Yes, if you need the information for your OTSC. Otherwise, no.

Q2. I plan on filing on my own a complaint with the Bar about his perjury -- do I have to have an attorney get documents for that or am I in my right to ask the attorney who lied about the email?

Response 3: You can ask for the documents yourself.

Q3. Who would own an email, would it be me as the author (as in a default copyright) or would the person to who I sent it own it?

Response 4: The person who you sent to have the ownership of the received e-mail. You would have your own copy of the e-mail since you sent it.

Q4. Do I have to have an attorney ask for evidence that I will send to the Bar in my complaint?

Response 5: No. You can request the information yourself.

Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this.

Thank you for your cooperation.

Customer: replied 4 months ago.
Just to clarify... there is no email I sent her employer (i will call skyworst airlines)... someone else sent to them an email that my ex was stealing from the airline. However, during a custody trial my Ex had the in-house laywer from skyworst airlines testify I sent the email. I know he lied under oath so i emailed him and asked me to send the email he claimed I wrote. He said I need to have my attorney of record ask for it. That attorney was hired only to do the otsc. So I want to clarify that I am within my right to communicate with this corporate attormey for skyworst airlines and ask for the email he claims I wrote without needing to go through attorneys. The email Im requesting he provide to me is not for thr OTSC rather for my complaint to the Bar he commited Perjury.
Expert:  Phillips Esq. replied 4 months ago.

Thank you for the clarification.

Yes, based on the circumstances that you described, you do not need to go through your Attorney for the OTSC in order to request the e-mail from the company.

Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this.

Thank you for your cooperation.